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| − | Labour relations training is not like other training in South Africa and employers need to be very careful who they choose to do this training.
| + | Employment Equity Act |
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| | + | Twenty years ago I was asked to help a Swaziland company who were experiencing labour problems. At the first meeting with management I was surprised to learn that there was only one Swazi (Black) manager. The rest were White ex-patriates, mostly British and South African. Amongst others, one of the underlying causes of the strike was the company's use of ex-patriates in senior jobs. |
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| − | Seta system
| + | I was able to assist the Company with a number of initiatives, including a training initiative. This has stood the Company in good stead because last year we were called in to do an employee engagement audit and following that, to assist the Company to update their HR policies and develop a holistic HR/IR strategy. |
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| − | Since the introduction of the Seta system the number of training providers, many of them offering various labour or industrial relations courses, has grown exponentially. The Setas are supposed to quality manage training providers to ensure that good standards of training are maintained. However, the system of quality management is based on unit standards. Each unit standard has specific outcomes and assessment criteria, all of which must be met by the training provider.
| + | Real transformation |
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| − | The problem is that the most basic step - identifying training needs was not properly undertaken in the first place. This is especially so when it comes to [http://www.bruniquel.co.za/training/labour labour relations training]. Qualifications were developed at the cost of the Services Seta for officials of bargaining councils, the CCMA and the Department of Labour. However, the training needs of these officials are very different to those of line managers and supervisors - the actual people who practise labour relations at work!
| + | What really struck me was that 20 years later, in the same company, all the managers were Swazis. The only whites were the MD and FD. This is pretty much the same in other Swaziland companies. There are now very few ex-patriates. Most jobs are done by Swazi nationals and the companies are just as profitable as they ever were! |
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| − | The other problem is that some of the unit standards were written by people who clearly did not understand labour law. For example Unit Standard No. 119952 Establish basic principles of evidence in MEDIATION was published prior to 2009 and it is still valid until 30 June 2015. The problem is that one does not establish principles of evidence in mediation - evidence is led in a disciplinary or grievance enquiry, an arbitration or a court of law - never in mediation!
| + | Contrast this with South Africa where we have the Employment Equity Act and BBBEE Act aimed at transforming the workplace and yet there is still unhappiness about the rate of transformation. Swaziland has an Industrial Relations Act which is based on our Labour Relations Act and which prevents arbitrary dismissals. |
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| − | Another example which directly concerns supervisors and managers is Unit Standard 119286 Institute disciplinary action. This unit standard includes an outcome - implement procedure to handle non-dismissible offences in which a requirement is that the employee (offender) is given notice of a hearing. This is very wrong because the LRA does not require that degree of formality. Formal notice of a hearing is only applicable where dismissal is being considered. | + | Another thing that strikes one when doing business in Swaziland is the skills and intellect of the managers. Most have a university education with many of them having studied and worked overseas. This is reflected in their thinking. |
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| − | The net result is that many, if not, most of the unit standards for labour relations are not appropriate for the people who practise it. This leaves training providers with a situation where they have to make do with whatever standards are available. Some training providers write their training programmes strictly according to unit standards. They meet the criteria asked for and are accredited, but they don't necessarily cover the subject matter that should be covered.
| + | Ex-patriates |
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| − | They also deal with complex subject matter very superficially - meeting Seta requirements but actually only creating conscious incompetence amongst their learners. This can result in training having the exact opposite effect to what was intended. For example training in discipline can result in supervisors failing to discipline because they now fear the consequences of having disciplinary action overturned.
| + | 20 years ago where both Swaziland and Botswana, were short of skilled personnel, they allowed employers to bring in ex-patriates on contract, subject to the condition that locals were trained to replace them. At the end of the fixed term contract, the employer could re-apply to re-employ an ex-pat but the employer would have to prove that it had a proper training programme in place to train locals. |
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| − | There are training providers who claim to be able to train chairpersons to conduct a disciplinary enquiry in one day. They go through the subject matter and they may deal with case law, but they do not provide learners with a step by step approach, the facilitating skills or the legal background information they require. It is important therefore that employers are selective in who they engage to do their training.
| + | Added to this, both countries offered bursaries to promising students to study overseas. This has had two impacts. Firstly the standard of education offered by places like Harvard, Oxford and Cambridge are superior to anything local universities have to offer. And secondly, overseas travel is an education in itself. Students get to see a different way of life and take on different paradigms on the world. |
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| − | CCMA dispute statistics
| + | One engineer can create a hundred jobs |
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| − | For many years now CCMA statistics reflect that over 80% of disputes referred to the CCMA concern unfair dismissals and unfair labour practices - a clear indication that many training programmes in this area are not effective.
| + | One engineer can create a hundred jobs but can a vacancy in the Department of Works for an engineer create anything?! We need to seriously review our immigration laws and allow employers to bring in people with scarce skills - but with conditions. |
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| − | Systems
| + | The secret to transformation is proper training and development, not restrictive legislation. Apart from creating jobs for inspectors, the EEA and BBEEE have not added value. In fact the opposite is true. In many cases they have led to ‘fronting' and various forms of corruption. |
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| − | To be effective, labour relations training needs to be systems based (i.e. all forms and procedures must be aligned) and it must be pitched at the right level for people to understand. The system has to be greater than the individual, so that if a manager does not follow due process, there must be a way to prevent disputes arising because of his or her error.
| + | The good news |
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| − | Methodology
| + | We need to review our labour legislation and start again if we want peace, prosperity and real transformation. The good news is that the South African Board of Personnel Practice (SABPP) has embarked upon an initiative to improve the standards of Human Resource Management in South Africa. |
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| − | Let's face it, labour law is complex and, to many people, it is very boring. Training in this area must be enjoyable, relevant and practical so that learners know exactly what they have to do when faced with a particular situation. It is important therefore that training methodology used is varied and that facilitators are subject matter experts.
| + | HR standards have been determined and rolled out to the HR profession who has endorsed them. The next step will be for employers to be audited against those standards. The standards cover aspects such as Strategic HR Management, Talent Management, Workforce Planning, Learning & Development and Performance Management. |
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| − | Some tips for selecting a [http://www.bruniquel.co.za/training/labour labour relations training] provider are as follows:
| + | This will reveal where changes are required and as a consequence, initiate a programme of corrective action to address shortfalls. This should result in real positive transformation of our workplaces and we at B&A will do all in our power to support the initiative. |
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| − | 1. Be sure that you have a training need. Often training is not the right option, especially if there are performance barriers that will prevent the implementation of the training. The training provider should be able to help you establish what the needs are and assist you to address other issues which might be giving rise to problems.
| + | For more on Employment Equity have a look at the Renate Barnard case here. |
| − | 2. Establish whether the training provider and the facilitator(s) are subject matter experts with practical experience. This can be gleaned from the questions they ask at the outset and whether they ask to look at appropriate documentation (e.g. your disciplinary procedure and related documents).
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| − | 3. Ensure that the provider is flexible in approach and will customise or adapt the training materials to your needs and situation.
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| − | 4. Examine the content. Good training providers use a systems based approach. This is especially important where procedures are being taught (e.g. how to apply discipline in the workplace). The provider's training material should fit in with your systems.
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| − | 5. Establish what training methodology and training aids are used. If practical skills are a required, make sure that there are role plays and practical exercises that will develop those skills. If videos are to be used, make sure they are appropriate.
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| − | 6. Establish what after sales service will be provided. For example will a feedback report on the training be provided? Are learners permitted to phone the facilitator after the training to ask for advice?
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| − | 7. Lastly, compare ‘apples with apples'. Do not compare an ‘overview' with skills training. Some providers claim to be able to cover more in their training than is possible. Make sure that the training covers all the basics and allows sufficient time for the development of skills.
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| − | For more information on B&A's range of systems-based IR training programmes' augmented by authentic South African videos and supported by professional consulting services, contact your local B&A office at Durban (031-3094627), Johannesburg 0861-474722, Cape Town 021-5270044, Port Elizabeth 041-3682019, Kokstad 039-7271773, Margate 039-3122698, Richards Bay 035-7531255 or click here | + | For more information on B&A's [http://www.bruniquel.co.za/training/labour-relations-training labour relations training] and leadership training programmes and consulting services contact your local B&A office at Durban (031-3094627), Johannesburg 0861-474722, Cape Town 021-5270044, Port Elizabeth 041-3682019, Kokstad 039-7271773, Margate 039-3122698, Richards Bay 035-7531255 or click here |
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